Loading...
08-08-2022 MTG #23 Regular Town Board Meeting, 08-08-2022, MTG 923 33 REGULAR TOWN BOARD MEETING MTG#23 August 08, 2022 RES. #288-298 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS HIGHWAY SUPERINTENDENT, DAVE DUELL DEPUTY HIGHWAY SUPERINTENDENT, MARK DEMERS PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STROUGH-Introduced special guest Norm Dasher, CEO of the Hyde Collection. NORM DASHER-Thanked the Town Board for their financial support and commitment to the Hyde Museum and highlighted all of the programs and plans enabled through their support. 1.0 PUBLIC HEARING-Proposed Local Law No.: 2022 to Amend Chapter 137 of Queensbury Town Code Entitled "Septic Systems" to Add Article II "North Queensbury Wastewater Disposal No. 1" PUBLICATION DATE: July 29, 2022 SUPERVISOR STROUGH reviewed background of the creation of the district and the proposed local law. TOWN BOARD held discussion, agreed there needs to be further clarification before taking action... Opened public hearing for public comment. SAL ERVOLINA-Hi, my name is Sal Ervolina, I live at 7 Overlook Drive and also have a residence on Dunham's Bay, 11 Grey Ledges Drive. I want to start out that I am very pleased with the proposal of the amended law and back it wholeheartedly. I think it's time that we do something like that. I also have some specific comments. In the inspections 137-8, it mentions the inspection should include a septic tank pump out and I think it should be clarified when the pump out should be, I think it's after the inspection. There was some confusion about it at Dunham's Bay Association meeting and there was some confusion that it get pumped out before the inspection or after the inspection and I think they want it after so you could see the flow. Just the distribution box or else there wouldn't be any flow there. SUPERVISOR STROUGH-Shouldn't we do it at the time of the pump out because everything is opened up, except for the d-box. MR. ERVOLINA-Well yes, we don't want it pumped out before is what I am saying, before the inspectors get there. Regular Town Board Meeting, 08-08-2022, MTG 923 34 SUPERVISOR STROUGH-Oh yes. Yes, I think it has to be done at the same time. The inspector should be there at the time of the pump out Sal, because I agree with you because there's certain characteristics of the fluids that are in there that are telltale. MR. ERVOLINA-And you want to make sure the flow goes through in the d-box. Otherwise nothing will flow through the d-box. SUPERVISOR STROUGH-The amount of sediment at the bottom, the quality of the sediment at the bottom, the quality of the water at the top, all is telling you how well that system is working or not. So, I agree with you, there has to be an inspector at the time of the pump out before they do the pump out. MR. ERVOLINA-Right, so I think that should be clarified. SUPERVISOR STROUGH-Yes. Now we're proposing that the pump out be done every three years but the inspection would only be done on the second pump at a six year basis. MR. ERVOLINA-Yes, that's, I was following that conversation back and forth. I think there's two things to consider. We're already required with the district that we have some type of an inspection but it was done by the septic hauler and the inspection by the Town, maybe the second inspection. So every three years you have it pumped out and the septic hauler can look at it and sign-off on that and then either the five or the six years, whatever comes up with it and that's when the Town would come in to do that inspection. SUPERVISOR STROUGH-Yes, well Harrison was just pointing out, if you're going to do pump outs every three years, then the six-year inspection makes sense. MR. ERVOLINA-Right. SUPERVISOR-But originally we did the inspection or pump out every three years. On a three- year basis so that one-third, one-third, one-third would get done so every nine years everybody would be done. Alright so this is a little bit different, it requires a little bit more thought but you bring up a very good point, it needs to be clarified. Are we going to expect and enforce three- year pump outs and then when it gets inspected, it makes sense that its six years although I think six years is a long time for an inspection but I could live with it. MR. ERVOLINA-Well the other thing that I would add is that many of the homes in our district have been upgraded and they have the advanced systems and they probably will not require a pump out after six years because the way that system works. So, I mean, not after three years excuse me, would not require a pump out after three years. So the six years or the five years may be appropriate. SUPERVISOR STROUGH-And that's another thing, this Town Board has discussed but it's only in discussion phase, is that all septic systems when they get replaced should have ETU's, Enhanced Treatment Units instead of a septic tank. You know like the Fuji Clean, and some of the others, they do not only aerobic but anaerobic treatment. So they do both which comes out with a much cleaner affluent that's going to the distribution box and to the field. In any event, this is a good discussion Sal. Thank you and I made a note, Sal Ervolina, inspect before pump- out, make sure we clarify that. MR. ERVOLINA-Right. I have another point. SUPERVISOR STROUGH-Yes. MR. ERVOLINA-At the end you said inspection shall be performed on or before June 1st of such year. Well many of the residents are not full-time residents and they may not be there June 1st so you know July 1" may be a better time. SUPERVISOR STROUGH-I did get an email. TOWN COUNSEL HAFNER-And Allen suggested August Ist Regular Town Board Meeting, 08-08-2022, MTG 923 35 SUPERVISOR STROUGH-Yes, he suggested August lst MR. ERVOLINA-Yes, you know,just give them, the people out of town a chance because June I"they won't be ready I'm sure. SUPERVISOR STROUGH-Yes. MR. ERVOLINA-I mean I just turned my water on end of May anyway. You know so a lot of people are not there. SUPERVISOR STROUGH-So you and Allen both came up with the same conclusion. MR. ERVOLINA-In B, I just came up with this thing over your discussion about the property transfer law and I think you can just put in wording, except for property transfers, you know. SUPERVISOR STROUGH-Yes. MR. ERVOLINA-Just put that in and that will cover it. That's something I hadn't thought about until the discussion but that was a good point. SUPERVISOR STROUGH-Just to make it clearer. MR. ERVOLINA-Ok and then I just reiterate on 137-11, mandatory pump out and we said no less than every three years. I just point out the inspection is not necessarily the Town at that point and then you have it as an exception 137-12 for the, basically the Enhanced system so that was one of the things we had, were concerned about. COUNCILMAN FREER-Because they require annual maintenance. MR. ERVOLINA-Yes but not at a pump out. COUNCILMAN FREER-Right. Oh yes, right. MR. ERVOLINA-Every three years so, and that's something we're going to have to clarify with the vendor actually to make sure he's aware of this law. SUPERVISOR STROUGH-Yes, I've seen some twice a year and some once a year and some have said to me well it depends on the usage. MR. ERVOLINA-Yes SUPERVISOR STROUGH-So, it's a good point Sal. MR. ERVOLINA-Yes and probably should send that to all the fusion. Erick Murdock who does, did most of them should be aware of this change and needing a contract. Right now, he comes and we had an initial four year contract but after that we didn't have a longer contract. So something has to be put in place. SUPERVISOR STROUGH-Yes. No you are right Sal, that's another good point. As long as they're under a contract,they may have an exemption from the pump outs. MR. ERVOLINA-Right. SUPERVISOR STROUGH-Yes. MR. ERVOLINA- That's it. Thank you for the opportunity to comment. COUNCILMAN FREER-Thank you. COUNCILMAN MCNULTY-Thank you for sharing. SUPERVISOR STROUGH-Haven't seen you at Proctors lately. Regular Town Board Meeting, 08-08-2022, MTG 923 36 MR. ERVOLINA- Excuse me? SUPERVISOR STROUGH- Haven't seen you at Proctors. MRS. ERVOLINA-Oh, we're there. SUPERVISOR STROUGH-Yes, ok. Alright thank you Sal. Anybody else? Anybody online? We have Len Simms. COUNCILMAN MCNULTY-You have hand raised, Len Simms. SUPERVISOR STROUGH-Okay. Alright Len, if you unmute yourself, we should be able to hear you. You are the test person. Yes, can't hear him. They said they fixed it. Alright, we can't hear you Len. One of two things. COUNCILMAN FERONE-Technology. COUNCILMAN MCNULTY-He can type it in. TOWN CLERK BARBER-Is the projector on? SUPERVISOR STROUGH-What's that? TOWN CLERK BARBER-Is the projector on? SUPERVISOR STROUGH-No, the projector doesn't have to be on. TOWN CLERK BARBER-Oh, it doesn't have to be on, okay. SUPERVISOR STROUGH-Oh yes, he said the projector had to be on for this to work. TOWN CLERK BARBER-Right. TOWN COUNSEL HAFNER-Yes, he said that the last time. SUPERVISOR STROUGH-Wait a minute Len, we're going to try something here. COUNCILMAN MCNULTY-I heard a beep. COUNCILMAN FREER-That's the projector going on. SUPERVISOR STROUGH-It appears to be on. COUNCILMAN MCNULTY-His mic is moving but we're not hearing him. SUPERVISOR STROUGH-Yes, his mic is moving but we're not hearing him. COUNCILMAN MCNULTY-Do you have the volume switch on over there? SUPERVISOR STROUGH-Yes, it says on. We heard a beep right. I don't know why the projector is on but Caroline's memory is better than mine and she's right. TOWN COUNSEL HAFNER-Well that is what you said at the last meeting I was at. SUPERVISOR STROUGH-She's much younger. I had her for a student. (Zoom audio would not work, Supervisor Strough contacted Len Simms via telephone) BARBARA SIMMS-Hi John. SUPERVISOR STROUGH-Oh, hi Barb. Regular Town Board Meeting, 08-08-2022, MTG 923 37 MS. SIMMS-I'm very sorry, we ran into and I'm going to have to move away from the computer and television. SUPERVISOR STROUGH-Well we can hear you loud and clear right now. MS. SIMMS-Okay. SUPERVISOR STROUGH-Thanks to modern technology, not. Alright so. MS. SIMMS-I'm sorry but I'd like to speak in support of this resolution. We're still working on the audio here. SUPERVISOR STROUGH-We hear you loud and clear. MS. SIMMS-We get, I'm getting feedback so I'm just going away from the television and our computer. SUPERVISOR STROUGH- Yes, if Len has the audio on he should mute that on his laptop and that should... MS. SIMMS-Yes, he was trying so I'll just go in a different room. SUPERVISOR STROUGH-Alright well. MS. SIMMS-Alright as I said I'm calling in support of the resolution and I'd certainly like to start by thanking the Board in this ten-year endeavor. We've had the support of all members, starting with Ron Montesi, Brian Clements, yourself, Tony and Harrison. We are so appreciative of the help that we've gotten from Robert Hafner and Leah in flushing out these, this legislation. And I thought John in your opening remarks you made a comment about the residents of Dunham's Bay and I think they also are to be congratulated and thanked because since 2012 they have been dedicated and interested in water quality in the bay. Our 60 homes and 11 vacant lots around the Bay have continually shown an interest in upgrading their systems. Since the district was formed we've added 25 updated and new systems. We started with 11 newer systems in 2000, so we are up to about 60% new and updated systems. The residents have spent almost $243,000 on upgrading their systems and that doesn't even count the hefty sums that the Dunham's Bay Resort and the Queen Boat Company put into their septic systems and many residents did, footed the bill themselves for new systems without going through the grant program that LGA provided. In that the LGA itself has spent over $156,000 for system grants around the Bay. The Advisory Board did discuss some reasons why we wanted to move forward and the main reason was that this was what we wanted to accomplish when we passed the Map, Plan, and Report back in 2015. We felt that there was no guarantee that the Lake George Park Commission would, that their regulations would be in place by 2023. We felt that we would be able to prioritize our inspection schedule based on all the research we've done on the age of septic systems around the Bay and we felt that with a smaller group of 60 households it would be much easier to manage than the 2000 plus households that would be considered in the Lake George Park Commission Plan. So for those reasons we would like to move forward with the legislation mandating inspections and pump outs. I know the scheduling is a little sticking point but I don't think its substantial reason to postpone this legislation. And again, I thank you very much for the time and energy you put into this issue and it's very appreciated by our district home owners. SUPERVISOR STROUGH-Well Barb and Len we certainly appreciate everything that you've done to help make this happen and all the work that we've done together over the past decade. But you know Sal Ervolina did bring up some good points, I don't know that we can handle them tonight. Maybe we can get these out of way for the next meeting. So I think there's four things that Sal seemed to think we needed to make clearer. One is... MS. SIMMS-I did hear, yes. Go ahead, I'm sorry. SUPERVISOR STROUGH-One is the inspection has to be done before the pump outs so the quality of the affluent can be studied and that inspections will begin on August 1st rather than Regular Town Board Meeting, 08-08-2022, MTG 923 38 June and that the note of the exemption of the property transfer law will be put in place in the inspection paragraph B and his fourth point was, we should consider that many of the ETUs or the Enhanced Treatment Systems like Fusion, like Fuji Clean, like Norweco and others, are under a maintenance program and some of them don't have septic tanks. So why would you require them to have a septic tank pump out if they don't have a septic tank and they're getting at least an annual inspection of their system and as long as they have that maintenance contract they perhaps should be considered for exemption from the pump outs. I thought those were legitimate concerns and I think that, so... MS. SIMMS-Oh, I certainly did, I certainly agree. I just didn't know if they were items that... SUPERVISOR STROUGH-I'm thinking... MS. SIMMS-Needed to be clarified before, before the resolution was passed. TOWN COUNSEL HAFNER-I think with all of them adding up that they're significant enough that we should make the changes and republish. COUNCILMAN METIVIER-Agree. TOWN COUNSEL HAFNER-A revised document that the Town Board agrees should be for consideration. Because those, not including certain units, that's a significant change. I mean quite rational but. SUPERVISOR STROUGH-Alright, our Town Attorney Bob Hafner seems to think that we should rework this to make it right and then you know, notice it and have a public hearing. We can put it on the fast track. TOWN COUNSEL HAFNER-You are pretty close. MS. SIMMS-Ok, sure. SUPERVISOR STROUGH-We'll get there, we'll get there. MS. SIMMS-Yes. SUPERVISOR STROUGH-I know that it always takes time but thank you. MS. SIMMS-Well no, I understand I certainly appreciate the legal judgement about, about the language. So, but I do feel that we do have the support of the Board in the big picture. SUPERVISOR STROUGH-Oh yes, you do. You do. The Town Board... MS. SIMMS-That's where we're very grateful. SUPERVISOR STROUGH-Yes and we're grateful for you and all the work that your team does, I'll call the Advisory Committee the team. So thank you. MS. SIMMS-Well thanks for the opportunity to speak tonight too John thanks. SUPERVISOR STROUGH-Okay. MS. SIMMS-Bye. SUPERVISOR STROUGH-Bye-Bye. Alright that's the only one I saw. Len and Barbara, husband and wife team just for public knowledge, Len Simms and Barbara Simms. And I don't see anybody else. Any other thoughts on behalf of the Town Board? But I think at this point it's agreeable with the Town Board, if it's not bring it to my attention, that we'll address some of the concerns that our discussion and Sal's discussion brought to our attention, see if we can't, you know, write this up to address those situations and then be able to set a public hearing at the 22nd meeting and have another public hearing with the idea that, if we're comfortable we might be able to approve it that night. Okay? Regular Town Board Meeting, 08-08-2022, MTG 923 39 COUNCILMAN MCNULTY- I guess with the caveat that as we answer these questions, if more questions come up, we might want to discuss it at another workshop. I don't know where this, what path we're going to go down here. But just as, keep that open as an option as well. If we can get the answers and we think that in your dialogue with us that we can go forward, I'm all for it. But if we're going to have more questions than answers, a workshop might be appropriate. SUPERVISOR STROUGH-Yes, you're right, we might. So we'll have a new version drafted up that meets the questions that were brought up today and maybe there might be others like you say Tim, we'll see. Alright, so. COUNCILMAN FREER-Keep the public hearing... TOWN COUNSEL HAFNER-I think you want to close the public hearing if you're not going to take action. SUPERVISOR STROUGH-Yes, I'll close the public hearing. TOWN COUNSEL HAFNER-We'll make changes and will run it by you and the committee. PUBLIC HEARING CLOSED —NO ACTION TAKEN 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT-3 MINUTES)- NO PUBLIC COMMENT 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AMENDMENT TO WATER TANK LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPRINT SPECTRUM REALTY COMPANY, LLC RESOLUTION NO.: 288, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, owns a municipal water storage tank located on Luzerne Road (hereinafter referred to as "Tank"), and WHEREAS, The Town entered into a Lease Agreement with Independent Wireless One Leased Realty Corporation(hereinafter"Independent Wireless")to lease space on the Tank's exterior and on a portion of property surrounding the Tank in 2000, and WHEREAS, Sprint Spectrum Realty Company, LLC (hereinafter "Sprint") is successor in interest to Independent Wireless, and WHEREAS, the initial term of the Lease Agreement has expired and the Parties wish to amend some of the terms of the initial Lease Agreement and wish to renew such Lease Agreement, and Regular Town Board Meeting, 08-08-2022, MTG 923 40 WHEREAS, a copy of the proposed First Amendment to Water Tank Lease Agreement has been presented at this meeting and is in a form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the First Amendment to Water Tank Lease Agreement with Sprint substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent to execute the First Amendment to Water Tank Lease Agreement and the Town Supervisor, Town Water Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF WILDKAT MOWER FOR HIGHWAY DEPARTMENT FROM TRIUS, INC. - SOURCEWELL CONTRACT RESOLUTION NO.: 289, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a mower for the Highway Department's use, and WHEREAS, Trius, Inc., is a participating member of Sourcewell Contracting and the Highway Superintendent obtained Sourcewell Tiger Quote dated 08/03/22 from Trius, Inc. for a Wildkat hydraulic boom/PTO driven side shift rear flail mower (Mower) per Sourcewell State Contract ID#: 070821-TGR price of$158,075.86, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with the cooperative, municipal purchasing Regular Town Board Meeting, 08-08-2022, MTG 923 41 program Sourcewell Contracting for the Mower, and WHEREAS,the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent's purchase of a Wildkat Mower from Trius,Inc. in accordance with Sourcewell Tiger Quote dated 08/03/22 from Trius, Inc. for a Wildkat hydraulic boom/PTO driven side shift rear flail mower (Mower) per Sourcewell State Contract ID 4: 070821-TGR price of$158,075.86 to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer$158,075.86 from Undesignated,Unappropriated Fund Balance Account No.: 004-0000-0909 to Heavy Equipment Account No.: 004-5130-2040 and take any other actions needed to provide for payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 81h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TWO (2) 2023 MODEL HV507 INTERNATIONAL SINGLE AXLE 4X2 CABS & CHASSIS WITH PLOWS AND SPREADERS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 290, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the New York State Legislature adopted legislation allowing any political Regular Town Board Meeting, 08-08-2022, MTG 923 42 subdivision in New York State to "piggyback"off an existing County Bid, and WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase two(2)2023 International Model HV507 4x2 Single Axle Cabs &Chassis with Front Plows and Wings With Spreaders from Navistar in accordance with Navistar's 6/16/2022 NYS Municipal Quote Form presented at this meeting and by the Town "piggybacking" with Onondaga County Bid 48996, for the amount of$222,175.15 each for a total cost of$444,350.30, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Town Board wishes to authorize such purchase with withdrawals and expenditures to be from Capital Reserve No. 64 to fund this capital purchase, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of two (2) 2023 International Model HV507 4x2 Single Axle Cabs & Chassis with Front Plows and Wings With Spreaders from Navistar in accordance with Navistar's 6/16/2022 NYS Municipal Quote Form presented at this meeting and by the Town "piggybacking" with Onondaga County Bid 48996, for the amount of$222,175.15 each for a total cost of$444,350.30 to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures for such capital purchase are expenditures for which the Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows: • 001-9901-9128-0064 Transfer to Operating Funds - $444,350.30 • 004-0000-55031 Interfund Revenues - $444,350.30 • Heavy Equipment Account No.: 004-5130-2040 - $444,350.30 and Regular Town Board Meeting, 08-08-2022, MTG 923 43 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING OUTSOURCING OF PAVING WORK TO PECKHAM COMPANIES RESOLUTION NO.: 291, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to outsource paving work on certain roads within the Town(Project), and WHEREAS, the Highway Superintendent has recommended such outsourcing to Peckham Companies (Peckham) for a total Project cost of$667,248.82 per New York State Office of General Services Group 431502, Award 423218 pricing in accordance with Peckham's 7/18/2022 Quote presented at this meeting, and Regular Town Board Meeting, 08-08-2022, MTG 923 44 WHEREAS,the Highway Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's outsourcing of paving work on certain roads within the Town of Queensbury to Peckham Companies(Peckham)for a total Project cost of$667,248.82 per New York State Office of General Services Group 431502, Award 423218 pricing in accordance with Peckham's 7/18/2022 Quote substantially in the form presented at this meeting to be paid from Chips Capital Construction, Account No.: 004-5112-2899, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Highway Superintendent to approve and sign Change Orders pertaining to the Project up to a five-percent (5%) contingency or in the total amount not exceeding $33,362 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $354,000, increase Chips Capital Construction Account No.: 004-5112-2899 by $354,000, amend the 2022 Town Budget, make any adjustments,budget amendments,transfers and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 81h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING 100% OF COSTS OF TRANSPORTATION PROJECT OF WHICH Regular Town Board Meeting, 08-08-2022, MTG 923 45 QUALIFIED COSTS MAY BE REIMBURSED FROM BRIDGE NY FUNDS - CULVERT REPLACEMENT PROJECT ON LUZERNE ROAD AT CLENDON BROOK RESOLUTION NO.: 292, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 153,2021, the Queensbury Town Board authorized engagement of C.T. Male Associates for preparation of a 2021 New York State Department of Transportation(NYS DOT) Bridge NY Grant Funding Application regarding a culvert replacement project on Luzerne Road at Clendon Brook in the Town of Queensbury and by Resolution No.: 65, 2022,the Town Board authorized acceptance of$839,212 in NYS DOT Bridge NY Grant Funds for the Project and establishment of the Luzerne Road Culvert Capital Project No. 242 (which Capital Project No. was amended to Capital Project No.: 243 per Resolution No.: 76,2022), and WHEREAS, this project for the CULVERT NY, Town of Queensbury for Culvert NY, Luzerne Road over Clendon Brook, PIN 1762.11 (the "Project") is eligible for reimbursement of qualified costs from Bridge NY funding that calls for the post-reimbursement apportionment of the qualified costs be borne at the ratio of 100% Bridge NY funds and 0% non-Bridge NY funds, and WHEREAS, the New York State Department of Transportation (NYSDOT) will design, let, and administer all phases of the Project, and WHEREAS, the Town of Queensbury desires to advance the Project by making a commitment of 100% of the costs of Construction work for the Project or portions thereof, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and approves the Project; and BE IT FURTHER, RESOLVED, that the Town Board hereby grants the New York State Department of Transportation (NYSDOT) permission to directly apply Bridge NY funds to reimburse costs incurred by NYSDOT on the Project, and BE IT FURTHER, Regular Town Board Meeting, 08-08-2022, MTG 923 46 RESOLVED, that the Town Board hereby agrees that the Town of Queensbury shall be responsible for all costs of the Project which exceed the amount of the NY Bridge Funding awarded to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that in the event the costs of the Project exceed the amount of Bridge NY funding appropriated,the Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER, RESOLVED, that the Town Board hereby agrees that Town of Queensbury hereby commits that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests with NYSDOT for State Aid and/or Bridge NY funding on behalf of the Town of Queensbury and in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's funding of the Project costs, and BE IT FURTHER, RESOLVED, that the Town of Queensbury will be responsible for all maintenance of the Project, and BE IT FURTHER, RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER, RESOLVED, this Resolution shall take effect immediately. Regular Town Board Meeting, 08-08-2022, MTG 923 47 Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING SUPPORT OF WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT'S MS4 STORMWATER MANAGEMENT PROGRAM PLAN NYS CFA GRANT APPLICATION FOR MS4 VACUUM TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 293, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Warren County Soil & Water Conservation District(WCSWCD) serves in the role of Queensbury's Stormwater Management Officer and primary contract for the Town on matters related to the MS4 Stormwater Management Program, and WHEREAS, the WCSWCD is submitting a New York State Consolidated Grant Funding application for a "Queensbury MS4 Vacuum Truck" as part of the Town's MS4 Stormwater Management Program Plan for the purchase and use of a vacuum truck for use by the Town Highway Department to provide maintenance on the Town's stormwater conveyance system including catch basins, drywells and green infrastructure projects (Project), and WHEREAS, if awarded grant funds, WCSWCD would request Town support of the Project, such support to be proposed as part of a five year grant timeline which would include: • Year 1: Town would develop and send out a competitive bid package for and purchase of the vacuum truck based on competitive bid responses; • Year 2: District staff would hold an MS4 Workshop with the vacuum truck and stormwater BMPs; • Years 2-5: Highway Department would use the vacuum truck for stormwater maintenance and track the truck's use; • Years 1-5: District staff would submit all quarterly reports and final report in year 5; and WHEREAS, the Town Board wishes to authorize its support of WCSWCD's grant application for the proposed Project, NOW, THEREFORE, BE IT Regular Town Board Meeting, 08-08-2022, MTG 923 48 RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies its support of the Warren County Soil & Water Conservation District (WCSWCD)'s application for a New York State Consolidated Grant Funding application for a"Queensbury MS4 Vacuum Truck" grant in partnership with the Town as part of the Town's MS4 Stormwater Management Program Plan for the purchase and use of a vacuum truck for use by the Town Highway Department, and BE IT FURTHER, RESOLVED, that should the project be awarded, the Town Board pledges the Town's support of the Project, such support to be proposed as part of a five year grant timeline which would include: • Year 1: Town would develop and send out a competitive bid package for and purchase of the vacuum truck based on competitive bid responses; • Year 2: District staff would hold an MS4 Workshop with the vacuum truck and stormwater BMPs; • Years 2-5: Highway Department would use the vacuum truck for stormwater maintenance and track the truck's use; • Years 1-5: District staff would submit all quarterly reports and final report in year 5; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or WCSWCD staff to sign any necessary documents in connection with the submission, including all applications, certifications and forms and further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Budget Officer and/or WCSWCD staff to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES RESOLUTION NO.: 294, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 08-08-2022, MTG 923 49 WHEREAS, by previous Resolution, the Queensbury Town Board authorized the Acting Director of Building and Codes Enforcement's (Acting Director) engagement of the monthly lawn mowing and/or one-time property clean-up services of Cheap Pete's Lawn Care for certain properties in the Town of Queensbury in a state of serious neglect, and WHEREAS, the Acting Director has advised the Town Board of one (1) such similar, additional property located at 78 Queensbury Avenue, and WHEREAS,the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS,the Acting Director reports that he has previously attempted to contact the owner of record by certified letter and/or posting of the property but his efforts have been to no avail as he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut,trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS,the Acting Director obtained a quote dated 8/l/2022 from Cheap Pete's Lawn Care for the monthly mowing of this property in the amount of$100 per month with such work to commence on or about August 9 h, 2022 for a period of three (3) months for a total amount not to exceed $300 and therefore the Acting Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED,that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real properties until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, Regular Town Board Meeting, 08-08-2022, MTG 923 50 RESOLVED, that the Queensbury Town Board hereby approves of the Acting Director of Building and Codes Enforcement's engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care in the amount of$100 per month for the property described in the preambles of this Resolution commencing on or about August 0 for a period of three(3)months for a total amount not to exceed $300, to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to the Town outlining the dates on which the property was mowed, to be paid for from Account No.: 00 1-3 620-4400, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer$300 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Acting Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Acting Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 295, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 08-08-2022, MTG 923 51 WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Misc. Contractual 001-8020-4711 Reimb. Engineer 15,000 001-1990-4400 Misc. Contractual 001-1620-4410 Fuel for Vehicles 2,000 001-1990-4400 Misc. Contractual 001-3620-4410 Fuel for Vehicles 500 001-1990-4400 Misc. Contractual 001-7110-4410 Fuel for Vehicles 3,000 001-1440-4720 Engineering 001-1430-4446 Safety Mats. 7,000 001-1990-1010 Contingency 001-1460-1010 Salaries 20,000 001-1990-4400 Contingency 001-8540-4400 Drainage 8,000 Duly adopted this 8 h day of August, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 08092022 RESOLUTION NO.: 296, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 08092022 with a run date of 08/04/2022 and a payment date of 08/09/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 08092022 with a run date of 08/04/2022 and a payment date of 08/09/2022 totaling $1,235,090.06, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Regular Town Board Meeting, 08-08-2022, MTG 923 52 Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES FOR PREPARATION OF NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION GRANT FUNDING APPLICATION -JENKINSVILLE WATER SUPPLY PROJECT RESOLUTION NO.: 297, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to engage C.T. Male Associates for preparation of a New York State Environmental Facilities Corporation 2022-2023 Drinking Water State Revolving Loan Fund Intended Use Plan Grant Funding Application to be prepared for possible State Revolving Fund financing to support the Jenkinsville Water Supply Project as delineated in C. T. Male's August 4, 2022 letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates for preparation of a New York State Environmental Facilities Corporation 2022-2023 Drinking Water State Revolving Loan Fund Intended Use Plan Grant Funding Application to be prepared for possible State Revolving Fund financing to support the Jenkinsville Water Supply Project as delineated in C. T. Male's August 4, 2022 letter substantially in the form presented at this meeting for an amount not to exceed$2,100, and BE IT FURTHER, RESOLVED, that such services shall be paid for from Engineering Account No.: 001-1440- 4720-009, and BE IT FURTHER, Regular Town Board Meeting, 08-08-2022, MTG 923 53 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation including a Grant Funding application and the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 8 h day of August, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MURPHY-Noted that the Building and Codes Monthly Report for July, 2022 and correspondence from Members of Not Moreau have been received and are on file in the Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) DANIEL NEEDHAM,Pinello Road spoke to the Town Board regarding an issue with property owner Dan Hunt who will not allow the parents to park on Pinello Road to safely get their children on and off the bus. Noted that this area has been accessed for decades for this purpose but the residents are now being threatened and harassed for doing so from Dan Hunt. This matter regards public safety, harassment, corruption and finally zoning. Noted further that Dan Hunt installed six septics and created six trailer spaces for a lot approved for two to three trailers. Requested the Town to review the matter. Thanked the Town Board for listening. SUPERVISOR STROUGH noted that this matter is before the Planning Board later this month. Recommended emailing his statement and he'll make sure it's shared with the Planning Board. COUNCILMAN MCNULTY noted that there has been several other issues with Pinello Road, have spoken to his neighbors and would like to meet with Mr. Needham after this meeting. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1)—Nothing to Report COUNCILMAN FREER(WARD II) 0 Commented that more work still needs to be done with improving IT for meetings. COUNCILMAN FERONE(WARD II1) • Requested public to continue caution about speeding on town roads. COUNCILMAN MCNULTY(WARD IV) • Agree with Councilman Freer's statement and added that StoredTech should have a representative present at all Board meetings. SUPERVISOR STROUGH 0 Thanked the Queensbury Senior Citizens for all the exciting events they offer. Regular Town Board Meeting, 08-08-2022, MTG 923 54 • Announced Warren County Household Hazardous Waste Disposal Day. Residents need to register online at Warrencountyny.gov/resident/waste or by mail or in person at 4028 Main Street, Warrensburg. The program is free of charge and will be held on Saturday August 13, 9a-lp at Queensbury Highway Department. • Attended the Lake George Land Conservation Gala/Fundraiser and commented on all of the work that they do to preserve the area and Lake George. • Received thank you note from Mountainside Library for the Town's support. • Announced presentation by the Chapman Museum, "If these streets could talk", a conversation about what life used to be like in Queensbury. This is being held on Wednesday, August 17'h at 7 p.m. • Thanked public for attending, Town Counsel Bob Hafner, Town Clerk Caroline Barber, Deputy Town Clerk Betty Murphy, Town Board and Joel Barlow-Look TV. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 298, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this I Ph day of July, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None Respectfully Submitted, CAROLINE H. BARBER, RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK 11